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Right of Way

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1 Right of Way on Wed May 24, 2017 7:14 pm

IvyL.


Arresto Menor
Good day! Badly needed advice. Please help! Crying or Very sad Crying or Very sad

My mother has four siblings. When their parents died, they heir a 300+ square meter lot from them. Many years have passed, her siblings have become greedy in selling the lot as they are miserly longing for a big amount of money they can get if the lot will be sold. As it is gratefully situated just on a highway and in a mixed-use development area.

Now, my mother had bought an 800sq meter land situated just behind the sold property, from her share. The land is just so big than the price and just so tempting not to buy it. The problem is, there is no way to the main road but to take the longer walkway around. Not a good pathway if there will be emergencies (No post lights,grumpy road). So before buying it, my mother requested the owner who purchased their land that if ever we can be given a road right of way if she would purchase the land behind. Gratefully, the owner verbally agrees on it, in favor that they will be given a 200sq meter lot in exchange for the 2.5meters way to the main road. The verbal agreement turned out fine and well, until such time that my mother fully purchased the lot behind, and asked if when will be their agreement takes on. Unfortunately, the owner revoked and invalidated their previous agreement stated that it will have a smaller entrance for them. Sadly, we have been locked down. It would be in a high danger if any emergencies would happen such as fire, health problems etc. If my mother would have known that they will not grant and put into scrap all their agreed negotiations, she would not have bought the lot.

I know it was a mistake because all were just negotiated through verbal and wrong to fully trust the word. The question is, can we legally ask for a road right way? Even just a walkway will do. Please help! Crying or Very sad Crying or Very sad Crying or Very sad

Looking forward to your response.

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2 Re: Right of Way on Wed May 24, 2017 8:27 pm

Lunkan


Reclusion Perpetua
IvyL. wrote: The question is, can we legally ask for a road right way? Even just a walkway will do.
Well. Everyone have right of way - for a fair cost. Normaly that to the closest public road somehow least inconvinient for land owner in between.

You say you have a backroad allready, which PERHAPS can be seen as a good enough alternative in legal point of view.

If it can't be solved in negotiations direct with land owner, bring it up with the Barangay captain.

Normaly oral agreements are valid too EXCEPT when there is a written contract, because that overrule oral agreements in Phil too, I BELIEVE.

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3 Re: Right of Way on Thu May 25, 2017 12:43 pm

IvyL.


Arresto Menor
Good day Mr. Lunkan! Thank you for spending time hearing my sentiments. Appreciate a lot.

Let me also clarify that the owner who purchased their land hasn’t fully paid them yet,  at least 45% of the total amount has been partially paid and that makes the patron owe 55% remaining balance. The deed of the land still named after my mother as she is the successor. Heard that the papers are still being processed.

Can we still demand to the purchaser to give us a way? Like grabbing the chance while papers still on process and while the lot still named after hers(mother)? Like to impose to them that we need the 2.5meters way so vehicles could also pass. And just take the 200sq meter as an exchange? But they have a MOA signed before. Anyway, it was just all about the payments.



Last edited by IvyL. on Thu May 25, 2017 12:45 pm; edited 1 time in total (Reason for editing : for clarification)

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4 Re: Right of Way on Sun May 28, 2017 3:39 pm

Lunkan


Reclusion Perpetua
"Let me also clarify that the owner who purchased their land hasn’t fully paid them yet, "
What does the written contract say about when to pay? (Perhaps the rest paid when the title process is done? Such are rather common.)
IF the contract is BROKEN by buyer by not paying in time, that can be used by the SELLER if she want to renegtiate/cancel. But no use for YOU personaly anyway if you don't get assistance from the seller.

"Like grabbing the chance while papers still on process and while the lot still named after hers(mother)?"
Well.Your mother have signed the selling documents. Then she signed away the power of that land too.
Except if the buyer break the contract by not paying in time.
NOTE! I don't know if the law give the buyer any respite extra time to pay before it's counted as the contract is broken by it's a property.
(COMPARE: When it's a Foreclosure case of not paid loan with the property as collateral, then there ARE some respite. First before it's Foreclosed and then a year extra with extra fees after it's Foreclosed.)

"Can we still demand to the purchaser to give us a way?"
Well. You can "demand" Right of way, BUT if it give any result depend of if the Barangay Captain agree with you. (See what I wrote in my first post.)

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5 Re: Right of Way on Tue May 30, 2017 1:02 pm

IvyL.


Arresto Menor
Thank you so much Mr. Lunkan. This really helps. Many thanks! flower

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